The employment rights bill is making steady progress through the final stages of readings and amendments in parliament before it receives royal assent and becomes law later this year. 

Proposed amendments by the House of Lords – including the replacement of the day-one right to protection from unfair dismissal with a six-month service requirement – were rejected by the House of Commons.

Whatever the specifics of the final legislation, changes to the rules governing unfair dismissal, statutory sick pay and third-party harassment won’t just require action from HR departments. Managers will also need to be prepared to implement these changes. 

Introduction of the new legislation will be staggered, so employers have time to prepare. Line managers in particular will benefit from training to enable them to explain the changes to their teams and implement the new requirements for probation periods, sickness absence and flexible work. 

Unfair dismissal rights 

The removal of the two-year service requirement for protection against unfair dismissal is the most significant change in the bill. The new rule will put much more emphasis on proper induction, training and probation processes for new recruits. It’s an opportunity to provide managers with training on how to ensure new employees are given robust inductions, understand what’s expected of them and have the opportunity to ask any questions. Managers should also know how to raise inadequate performance issues and provide the right support to help them fulfil their job role.

Being able to evidence that new recruits are told what is expected of them and receive training and support to achieve this will be crucial to being able to justify having fairly dismissed an employee. 

Statutory sick pay 

The new rules are set to make statutory sick pay payable from day one of an employee’s absence. The government has announced that this change will come into force in April 2026. This will come with costs for employers and many fear that it will lead to an increase in short-term sickness absence. However this can be managed with a robust sickness absence policy and training for staff to ensure policy is consistently enforced. 

Review how sickness absence is monitored and managed within your business and ensure managers are up to speed with the sickness absence policy and are confident implementing it. This includes specifying the need for self-certification forms and return to work interviews. 

Managers also need to be comfortable handling difficult conversations sensitively, and be aware of absence issues that may be a result of underlying long-term health issues. It pays to get this right – a clear and robust policy will be an important barrier to abuse of the new rules. 

Third-party harassment 

Changes in relation to third-party harassment are also included in the bill, making it the employer’s duty to take all reasonable steps to prevent harassment of their workers by third parties. This change is scheduled to come into force in October 2026. 

Businesses are advised to review their policies to ensure they cover third-party harassment, and update employee training material so they understand how to report a concern. Managers should also be trained on these new policies and how to handle concerns appropriately. 

The key to a defence in this area is to show you have taken all reasonable steps to prevent harassment occurring in the first place, so it will be crucial to carry out a risk assessment considering the potential dangers and what measures need to be introduced to control those risks as far as possible. 

Taking it in your stride 

There’s no ignoring the changes that the employment rights bill will bring and there will be a learning curve for businesses of all sizes. In many areas, much of the detail on how these new rules will be implemented is still unknown, making it difficult for employers to prepare. However, reviewing your current practices and policies in basic areas such as induction, probation and sickness absence management will give the business the best chance of adapting as the deadline approaches.

Keeping managers in the loop and engaged will help with the smooth transition of any policies or processes and avoid any potential knowledge gaps in relation to the new bill.

Gill McAteer is director of employment law at Citation